United States v. Rosario

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 27, 2003
• Docket: 02-7565
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7565

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

OSCAR APONTE ROSARIO,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Raymond A. Jackson, District Judge. (CR-00-47-4, CA-02-55-4)

Submitted: March 7, 2003 Decided: March 27, 2003

Before WIDENER, MICHAEL, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Oscar Aponte Rosario, Appellant Pro Se. Janet S. Reincke, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Oscar Aponte Rosario seeks to appeal the district court’s

order denying relief on his motion filed under 28 U.S.C. § 2255

(2000). We have independently reviewed the record and conclude

that Rosario has not made a substantial showing of the denial of a

constitutional right. See Miller-El v. Cockrell, U.S. , 2003

WL 431659, at *10 (U.S. Feb. 25, 2003) (No. 01-7662). Accordingly,

we deny a certificate of appealability and dismiss the appeal. See

28 U.S.C. § 2253(c) (2000). We dispense with oral argument because

the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

DISMISSED